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Thursday, October 18, 2012

Justice Department Intervenes in Lawsuit Against Law School Admission Council on Behalf of Test Takers with Disabilities Nationwide

A federal judge issued an order today allowing the Justice Department to
intervene in a disability discrimination lawsuit against the Law School
Admission Council (LSAC).
The department’s intervention expands the case from a
statewide class action limited to California residents to a nationwide
pattern or practice lawsuit.

The lawsuit, The Department of Fair Employment and Housing v. LSAC Inc. et al.,
charges LSAC with widespread and systemic deficiencies in the way it
processes requests by people with disabilities for testing
accommodations for the Law School Admission Test (LSAT).
As a result, the lawsuit alleges, LSAC fails to provide testing
accommodations where needed to best ensure that those test takers can
demonstrate their aptitude and achievement level rather than their
disability.

The department’s complaint identifies additional victims of LSAC’s
discriminatory policies and details LSAC’s routine denial of testing
accommodation requests, even in cases where applicants have submitted
thorough supporting documentation from qualified professionals and
demonstrated a history of testing accommodations since elementary
school.

The department further alleges that LSAC discriminates against
prospective law students with disabilities by unnecessarily “flagging”
test scores obtained with certain testing accommodations in a way that
identifies the test taker as a person with a disability, disclosing
otherwise confidential disability-related information to law schools
during the admissions process.
LSAC’s practice of singling out persons with disabilities by
flagging their scores –– is discrimination prohibited by the Americans
with Disabilities Act (ADA).
The department’s proposed complaint seeks declaratory and
injunctive relief, compensatory damages and a civil penalty against
LSAC.

“LSAC’s discriminatory policies in the administration of the LSAT adversely impact people with disabilities nationwide.
This is a systemic problem with serious consequences that echo
throughout such individuals’ academic and employment careers, and it
needs to be addressed as such,” said Thomas E. Perez, Assistant Attorney
General for the Civil Rights Division.
“The Justice Department’s full participation in this case is an
important step towards ending a long cycle of disability discrimination
in standardized testing.”

One of the victims identified in the complaint, for example, was diagnosed with dyslexia at age seven.
He was evaluated on four different occasions by qualified
professionals, first in 1990 and most recently in 2011, and has received
extended time on tests since the results of his first evaluation were
reported.
Consistent with his long history of testing accommodations, and
the recommendations of the qualified professionals who evaluated him,
he requested testing accommodations for the June and October 2011
administration of the LSAT, including extended time.
In support of his request, he submitted a full
neuropsychological evaluation and proof that he received extended time
on multiple AP exams, multiple administrations of the SAT, as well as
throughout elementary school, high school and college.
Despite acknowledging his diagnosis, LSAC denied his request for extended time in full without any explanation.
When the applicant requested an explanation of the denial, LSAC
disputed the accuracy of his well-documented and consistent diagnosis,
as well as his long history of testing accommodations.
The applicant requested reconsideration and submitted
additional supporting documentation demonstrating his long history of
disability and need for the requested extended time, as well as a
further letter from the board certified neuropsychologist who evaluated
him in 2011 explaining why LSAC’s interpretation of his evaluation was
incorrect.
Despite this clear and comprehensive documentation of his
disability and need for extended time, LSAC again refused to provide the
needed accommodation without any further explanation.
As a result, the applicant was denied access to the LSAT and prevented from applying to law school.

“The U.S. Attorney’s Office remains committed to ensuring equal access
to educational opportunities for everyone,” said U.S. Attorney Melinda
Haag, U.S. Attorney for the Northern District of California.
“We are pleased that the Court granted the government’s motion to intervene.”

Title III of the ADA prohibits discrimination on the basis of disability
by public accommodations and by entities that offer examinations or
courses related to applications, licensing, certification, or
credentialing for secondary or postsecondary education, professional, or
trade purposes.
The ADA mandates that testing entities administer examinations in an accessible manner.
This requires testing entities to administer examinations, such
as the LSAT, so as to best ensure that, when the examination is
administered to a person with a disability, the examination results
accurately reflect his or her aptitude or achievement level, or whatever
other factor the examination purports to measure, rather than the
individual’s disability.
In addition, Title V of the ADA prohibits any entity from
coercing, intimidating, threatening, or interfering with an individual’s
exercise or enjoyment of a right granted by the ADA.